The Supreme Court provides authoritative guidance on the application of Article 2 to Coronial investigations and inquests

R (Maguire) v HM Senior Coroner for Blackpool & Fylde and another [2023] UKSC 20 Introduction The advent of the Human Rights Act 1998, and the incorporation into domestic law of the Article 2 right to life, has transformed coronial investigations and inquests over the last two decades. Lord Bingham’s magisterial…

Article 2 and a Child Under a Care Order

R (Boyce) v HM Senior Coroner for Teeside and Hartlepool [2022] EWHC 107 (Admin) Mrs Justice Belcher upheld the Coroner’s decision that Article 2 was not engaged by the death of a 15 year old girl (Grace Peers) who died while in the care of Middlesborough Borough Council, who had placed…

Fresh Inquests

Mays v HM Senior Coroner for Kingston Upon Hull & East Riding of Yorkshire [2021] EWHC 3604 (Admin) Earl v HM Senior Coroner for East Sussex [2021] EWHC 3468 (Admin) R (on the application of Ginn) v HM Senior Coroner for Inner London [2022] EWHC 28 (Admin) Three recent applications…

Withdrawal of Benefits, Article 2 and Inquests

Dove v HM Assistant Coroner for Teesside and Hartlepool [2021] EWHC 2511 (Admin) Facts Ms Whiting had spinal conditions since her early twenties, which gave her back pain, required surgery, and regular painkillers. She also had a history of mental health problems (depression, drug dependence, and emotionally unstable personality disorder)…

Application for Fresh Inquest Refused

Farrell v HMC for North East Hampshire [2021] EWHC 778 (Admin) Applying for a fresh inquest is not straightforward. First, the bereaved have to get permission from the Attorney General. Only once that authority has been granted will they be allowed to apply to the High Court to reopen the…

When does the Article 2 Investigative Duty Arise?

R (Morahan) v West London Assistant Coroner [2021] EWHC 1603 (Admin) Facts Tanya Morahan (“Tanya”) had a history of paranoid schizophrenia and harmful cocaine use. From mid-May 2018 she was an inpatient at a rehabilitation unit operated by the Trust. She was initially detained under s.3 of the Mental Health Act…